SEBASTIAN — A proposed noise ordinance for the City of Sebastian’s outdoor music venues along the riverfront would allow the city’s police the ability to fine those venues for playing music too loudly. The basis for “too loud” would be per the officer’s judgment, not a decibel reading.
The ordinance, modified before its unanimous approval from the Sebastian City Council Wednesday night, will have one last public hearing on Feb. 8 during that council meeting before council will decide to either pass it or deny it.
In an attempt to compromise between the music venues – primarily Capt. Hiram’s, Earl’s Hideaway and the Tiki Bar and Grill (formerly Suzy’s Tiki) – and the hotels, motels and timeshares, the council decided to make the ordinance enforceable 24 hours daily.
The original ordinance would have placed a time period for enactment – between 11 p.m. and 7 a.m.
The council also heeded the public’s concerns and changed the ordinance to allow the police department the authority to cite the venues for repeated offenses. Prior to the change, the police could only issue warnings.
While residential business owners asked the council to set a decibel level that would be acceptable to all parties, the council decided that would not be the best course of action.
Councilman Richard Gillmor told the audience that using a strict decibel reading to determine compliance would be difficult to enforce given the winds that come off the river.
He noted the ambient noise – not counting any music – could be over the established level just with a strong breeze.
Ruth Sullivan, owner of the Harbor Lights motel, presented materials to the council Wednesday night calling for a decibel level of 50 or 55, calling that level “safe.”
“Remember, most of our guests are older,” Sullivan said, noting they go to bed at 8 p.m. and take naps throughout the day.
She said she has taken sound level measurements within her units – a quiet bedroom is about 30 dB. She’s measured noise so loud as 69 to 73 dB at a time when most people would be trying to sleep.
Sullivan also told the council that the issue of too loud noise is adversely impacting her business, explaining she had a couple book four weeks for $1,200. They checked in at 7 p.m. and checked out at 8:30 p.m. and asked for a refund because of the noise.
“We are in trouble in the riverfront,” Sullivan said.
Entertainment venue owners point to spending thousands on landscape buffering and other equipment to mute the sound escaping from their establishments and their willingness to turn down the music when complaints are phoned in to management.
Tom Collins, of Capt. Hiram’s, reminded the council that his establishment has been providing live entertainment for more than 20 years and it’s a crucial component of his business.
If they were to hold their music to a low level, “there’s no question” it would hurt business, he said.
Even having police respond to complaints is bad for business, Collins said, explaining customers don’t want to see police cars on the property.
Chris Pinson, co-owner of the Tiki Bar and Grill, said they have been waiting to find out what the City Council would decide on the noise issue before investing money on landscape buffering. Part of the plan could entail moving the band stand, but without knowing within what parameters the bar would have to operate, no changes have been made.
“We’re not sure where we stand,” Pinson said, adding that such outdoor music venues add to Sebastian’s nightlife and help attract economic growth.
Councilwoman Andrea Coy suggested the ordinance be written so that a “reasonable and prudent person” – such as a police officer – could use best judgment when determining if the music is too loud.
“If the floor shakes, it’s too loud,” she said, adding that if a resident can sing along to the music, it is too loud.
The officer could respond to the complainant’s location and observe the noise and determine whether management at the venue needs to address the music volume.
Coy also suggested that the city later address the issue of outdoor music venues under its land development code.
The amended ordinance will go before the City Council for a final public hearing on Feb. 8. The meeting starts at 6:30 p.m. at City Hall, 1225 Main St., Sebastian. The public will have one more chance to discuss the proposed rule at that time.
